C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS › Subpart C—Disability Benefit Claims

28 C.F.R. § 32.23

Definitions

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

Direct result of an injury—A disability results directly from an injury if the injury is a substantial factor in bringing the disability about.

Gainful work means full-or part-time activity that actually is compensated or commonly is compensated.

Medical certainty—A fact exists to a degree of medical certainty, when, pursuant to a medical assessment, the fact is demonstrated by convincing evidence.

Permanently disabled—An individual is permanently disabled only if there is a degree of medical certainty (given the current state of medicine in the United States) that his disabled condition—

(1) Will progressively deteriorate or remain constant, over his expected lifetime; or

(2) Otherwise has reached maximum medical improvement.

Product of an injury—Permanent and total disability is produced by a catastrophic injury suffered as a direct and proximate result of a personal injury if the disability is a direct result of the personal injury.

Residual functional capacity means that which an individual still is capable of doing, as shown by medical (and, as appropriate, vocational) assessment, despite a disability.

Totally disabled—An individual is totally disabled only if there is a degree of medical certainty (given the current state of medicine in the United States) that his residual functional capacity is such that he cannot perform any gainful work.

Notes of Decisions
Cited in 2 cases, 1983–2006 · leading case: White v. United States, 74 Fed. Cl. 769 (Fed. Cl. 2006).
Sort: Relevance Newest Treatment
White v. United States, 74 Fed. Cl. 769 (Fed. Cl. 2006). “Furthermore, the letter did not include information regarding the right to a hearing as required by 28 C.F.R. § 32.23 (2002). On March 28, 2003, counsel for Ms.”
Wydra v. Law Enf't Assistance Admin., 722 F.2d 834 (D.C. Cir. 1983). “§ 3796 (a)-(f); 28 C.F.R. § 32.23 -.24. . See, e.g., 42 U.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.